Mushhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32007 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== MUSHHAR PASWAN, S/o late Shital Paswan, Resident of Village Kubauli, P.S. - Paru, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Paroo P.S. Case No. 62 of 2022 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant has alleged that his sister who was married 10 (ten) years back and is mother of 3 (three) children has been killed by her husband and in-laws including the petitioner who is father-in-law, aged about 67 years, of the deceased. It is further submitted that no specific allegation or motive has been assigned so as to implicate the petitioner. His implication is by virtue of relation with her and having no criminal antecedent. The petitioner was not living along with the deceased or her husband. It is submitted that co-accused Geeta Devi has been allowed bail in Cr. Misc. No. 29683 of 2022.

Patna High Court CR. MISC. No.32007 of 2022(3) dt.11-01-2023 2/2 Petitioner is in custody since 14.02.2022.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, period of custody since 14.02.2022, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd West, in connection with Paroo P.S. Case No. 62 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T